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Windhorst: This 'attempt to ban firearms in common use and to force law-abiding citizens to register their weapons' is unconstitutional

Windhorst web 2

Illinois State Rep. Patrick Windhorst (R-Metropolis) | repwindhorst.com

Illinois State Rep. Patrick Windhorst (R-Metropolis) | repwindhorst.com

Illinois State Rep. Patrick Windhorst approves of the restraining order against the newly-signed gun control law.

According to KSDK News, on Jan. 20, Effingham County Judge Joshua Morrison granted a temporary restraining order against the newly passed law, which affects 866 plaintiffs in the lawsuit brought by attorney Thomas DeVore. Plaintiffs in the case include Effingham's Accuracy Firearms LLC. 

“As I have stated from the first introduction of this firearms ban in early December, this sweeping attempt to ban firearms in common use and to force law-abiding citizens to register their weapons with the government in order to exercise their rights is unconstitutional," Windhorst wrote in a Jan. 20 Facebook post.

Windhorst's statement continued on his website, which he linked to his Facebook post.

“I strongly support the decision and am encouraged by today’s temporary restraining order entered in Effingham County,” Windhorst said. “We know this case will likely be appealed to the Illinois Supreme Court. This law was also challenged this week in federal court by the Illinois State Rifle Association. I would encourage Second Amendment supporters to stay up to date on further court actions.”

Dubbed the "Protect Illinois Community Act," the amended House Bill 5471 clarifies what high capacity magazines are banned. Magazines with more than 10 rounds are banned for long guns, and magazines with more than 15 rounds are banned for handguns.

ABC7 reported that Gov. J.B. Pritzker signed the bill on Jan. 10, and it would go into effect immediately after it was signed. Assault weapons, high capacity magazines and rapid fire devices are banned by the new law. 

DeVore's law office website shared the documents pertaining to this temporary restraining order. The documents include the complaint which lists all 866 plaintiffs, a notice of hearing and other documents, including a copy of the temporary restraining order. 

Windhorst was first elected to the Illinois House in 2018 and currently resides in Metropolis, according to the Illinois House. A Republican, his legislative experience includes serving on the Restorative Justice Committee and Judiciary - Criminal.

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